Raju Sah @ Raju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58229 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Raju Sah @ Raju Prasad Son of Bhagwat Sah Resident of village - Sareya Pratap Tola, Ward No.- 12, P.S.- Paharpur, District - East Champaran, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 52 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 30 litres of illicit liquor was recovered from the sack allegedly thrown by the petitioner from the motorcycle having no number plate and it is alleged that he fled away from the spot but was identified by Mahal Chowkidar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure made by Mahal Chowkidar. Further submission is that petitioner was neither present on the

Patna High Court CR. MISC. No.58229 of 2025(2) dt.16-09-2025 2/2 spot nor he has any concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Except the disclosure statement of Mahal Chowkidar, there is nothing material against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Motihari, East Champaran in connection with Paharpur P.S. Case No. 205 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T